There will be plenty of analysis in the coming days and weeks about Alberto Gonzales’ tenure as Attorney General, but with the news still unfolding this morning, a few thoughts come to mind:
* Gonzales was probably the worst Attorney General in American history. He viewed his responsibilities as those of the president’s lawyer, instead of the nation’s chief law-enforcement officer. His lies, scandals, and ineptitude should have forced him from his position months ago. The timing notwithstanding, Gonzales leaves the Justice Department in disgrace.
* His resignation does not end the inquiry into the DoJ’s many scandals. Laws may have been broken and lawmakers still want answers. Gonzales’ decision to exit stage right doesn’t change that.
* It’s striking to see the AG resign without any friends left. No one outside the Oval Office believed Gonzales should run the Justice Department, and no one outside the Oval Office will mark Gonzales’ departure with anything but glee.
* The timing of the announcement is a little odd, and I’ve heard several questions this morning about the president possibly setting this up for a recess appointment. It’s impossible to put anything past this White House, but I’d just note that the president and Senate Democrats struck an agreement before the August break began that Bush would not make any recess appointments. If the president keeps his word — insert joke here — the Senate will hold confirmation hearings for Gonzales’ nominated replacement.
* Solicitor General Paul Clement will reportedly take over Gonzales’ responsibilities on an interim basis until “a permanent replacement is found.”
* Gonzales is scheduled to deliver a brief statement at 10:30 a.m. eastern, followed by a statement from the president one hour later.
* Senate Dems should argue, aggressively, that they expect a nominee who’s truly independent. Gonzales’ flaws, of which there were many, largely stemmed from his comical loyalty to the president. A real AG must prioritize service to the nation ahead of being a “loyal Bushie.”
Glenn Greenwald offers some helpful guidance on this.
This is a real moment of truth for the Democratic Congress. Democrats, who have offered up little other than one failure after the next since taking power in January, can take a big step toward redeeming themselves here. No matter what, they must ensure that Gonzales’ replacement is a genuinely trustworthy and independent figure.
That means that Democrats must not confirm anyone, such as Michael Chertoff, who has been ensconced in the Bush circle. Instead, the DOJ and the country desperately need a completely outside figure who will ensure that the prosecutorial machinery operates independently, even if — especially if — that means finally investigating the litany of Executive branch abuses and lawbreaking which have gone almost entirely uninvestigated, as well uncovering those which remain concealed.
The standard excuse invoked by Democrats to justify their capitulations — namely, that they cannot attract a filibuster-proof or veto-proof majority to defy the President — will be unavailing here. They themselves can filibuster the confirmation of any proposed nominee to replace Gonzales. They do not need Blue Dogs or Bush Dogs or any of the other hideous cowards in their caucus who remain loyal to the most unpopular President in modern American history. The allegedly “Good Democrats” can accomplish this vital step all on their own. They only need 40 Senate votes to achieve it.
It is difficult to overstate how vital this is. The unexpected resignation of Gonzales provides a truly critical opportunity to restore real oversight to our government, to provide advocates of the rule of law with a quite potent weapon to compel adherence to the law and, more importantly, to expose and bring accountability for prior lawbreaking. All of the investigations and scandals, currently stalled hopelessly, can be dramatically and rapidly advanced with an independent Attorney General at the helm of the DOJ.
That is not going to happen if the Democrats allow the confirmation of one of the ostensibly less corrupt and “establishment-respected” members of the Bush circle — Michael Chertoff or Fred Fielding or Paul Clement or some Bush appointee along those lines. The new Attorney General must be someone who is not part of that rotted circle at all — even if they are supposedly part of the less rotted branches — since it is that circle which ought to be the subject of multiple DOJ investigations.
Good points, all.
Stay tuned.
Update: Senate Judiciary Committee Chairman Pat Leahy (D-Vt.) has issued a noteworthy statement in response to the news:
“Under this Attorney General and this President, the Department of Justice suffered a severe crisis of leadership that allowed our justice system to be corrupted by political influence. It is a shame, and it is the Justice Department, the American people and the dedicated professionals of our law enforcement community who have suffered most from it.
“The obligations of the Justice Department and its leaders are to the Constitution, the rule of law and the American people, not to the political considerations of this or any White House. The Attorney General’s resignation reinforces what Congress and the American people already know — that no Justice Department should be allowed to become a political arm of the White House, whether occupied by a Republican or a Democrat.
“The troubling evidence revealed about this massive breach is a lesson to those in the future who hold these high offices, so that law enforcement is never subverted in this way again. I hope the Attorney General’s decision will be a step toward getting to the truth about the level of political influence this White House wields over the Department of Justice and toward reconstituting its leadership so that the American people can renew their faith in its role as our leading law enforcement agency.”